1. 1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 12.10.92 with a prayer that by an appropriate writ, order or direction, the respondents be directed to make payment of salary to the petitioner of the post of Lower Division Clerk (Hindi English Typist) in the regular pay scale revised from time to time with effect from the date of initial appointment i.e. 10.9.84 on the basis of principle of equal pay for equal work and further the respondents be directed to regularise the services of the petitioner on the post of Lower Division Clerk (Hindi English typist) with effect from the date of initial appointment i.e. 10.9.84 with all consequential benefits and the declaration by the respondents in favour of the petitioner as semi permanent on the post of Class LV employee (Helper Grade II) may be declared arbitrary.

2. The facts as put forward by the petitioner are as under:-

i) That the petitioner has to his credit the certificate of Higher Secondary from the Board of Secondary Education, Ajmer and he has also typing knowledge. in Hindi and English. The petitioner had also cleared the typing examination taken by the Rajasthan Pub 1c Service Commission in the year 1984 as well as in the year 1996. Mark-sheet issued by the RPSC on 23.8.85 is marked as Annex. P/1.

ii) That the petitioner was provided appointment by verbal order of the respondents dated 10.9.84 on daily wage basis @ Rs. 16/- against the substantive and vacant post in Hindi and English typist. Since then the petitioner was continuously working on the post of Typist in the employment of the respondents.

iii) That the respondents had called the names from the employment Exchange and thereafter the petitioner was provided appointment on daily wage basis @11/- per day after interview vide order dated 18.6.86 (Annex.P/2) issued by the Executive Engineer, PHED, District Division IInd, Jodhpur (respondent No.2).

iv) That the further case of the petitioner is that since his initial appointment he had been doing the job of Hindi and English typing i.e. with effect from 10.9.84, but he had not been paid the salary in the regular pay scale of LDC.

v) That further case of the petitioner is that in perusuance of order of Additional Chief Engineer dated 168.90, a list (Annex.P/10) of all daily wages employees was sent to the Additional Chief Engineer showing qualification, date of initial appointment and nature of duties which were being discharged by them and in that list, the name of the petitioner was found at serial No. 29 and against the name of the petitioner it was also mentioned that he was working on the post of LDC.

vi) That the further case of the petitioner is that despite the fact that he was initially appointed on 10.9.84 and since then he was discharging the duties of LDC, but vide order dated 25.1.92 (Annex.P/11) issued by the Executive Engineer, PHED, Dist. Division II, jodhpur (respondent No.2), the petitioner was declared semi-permanent with effect from 1.4.87 on the post of Class IV employee (Helper II). Hence, this writ petition with the above mentioned prayer.

3. That the main contentions raised by the learned counsel for the petitioner in this writ petition are as under:

i) That since the petitioner is working on the post of LDC with effect from 10.9.84 and since he was not aid regular salary on the post of LDC, thus on the principle of Equal Pay for equal Work, he is entitled to receive salary of the post of LDC in the regular pay scale and non-payment of salary to the petitioner in the regular pay scale of LDC is denial of equality before law and equal protection of law and is in utter disregard of the mandatory provisions of Article 14 of the Constitution of India.

ii) That since the petitioner had been serving on the post of LDC (Hindi and English Typist) for about 8 years, but his services were not regularised on the post of LDC, therefore, this action amounts to hospite discri